The European Union: Leadership Changes
Resulting from the Lisbon Treaty
Derek E. Mix
Analyst in European Affairs
March 3, 2010
Congressional Research Service
7-5700
www.crs.gov
R41088
CRS Report for Congress
P
repared for Members and Committees of Congress
The European Union: Leadership Changes Resulting from the Lisbon Treaty
Summary
Changes introduced by the Lisbon Treaty, the European Union’s (EU’s) new reform treaty that
took effect on December 1, 2009, have a significant impact on EU governance. The EU is an
important partner or interlocutor of the United States in a large number of issues, but the
complicated institutional dynamics of the EU can be difficult to navigate.
The Lisbon Treaty makes substantial modifications in the leadership of the EU, especially with
regard to the European Council, the Council of Ministers, and the EU’s rotating presidency. Every
six months, the “EU Presidency” rotates among the 27 member states. Under the treaty, however,
the leader of the presidency country no longer serves as the temporary chair and spokesman of the
European Council, the grouping of the EU’s 27 national leaders. This duty now belongs to the
newly created President of the European Council, who serves a once-renewable two-and-a-half
year term. In addition, the foreign minister of the presidency country no longer chairs the
meetings of EU foreign ministers in the Council of the EU (commonly known as the Council of
Ministers). This duty is now performed by the High Representative for Foreign Affairs and
Security Policy, another newly created position whose holder serves a five-year term and is both
an agent of the Council of Ministers and a Vice President of the European Commission.
Many of the day-to-day duties of the rotating presidency country, however, will continue under
the Lisbon Treaty. Ministers of the presidency country will still chair all of the meetings of the
Council of Ministers other than in the area of foreign policy. The presidency country is expected
to continue preparing and arranging these activities, and playing a leading role in the Council of
Ministers to forge agreement on legislative proposals. The presidency country is also expected
help formulate a few broad policy priorities for its tenure.
Spain holds the rotating EU presidency for the first half of 2010. The top priority of the Spanish
presidency is implementing the provisions of the Lisbon Treaty. During this transition phase in
EU institutional affairs, however, there has been some confusion about what degree of
responsibility should fall to the Spanish presidency in terms of international issues and overall
leadership. Some analysts assert that the EU’s new institutional arrangements will only be worked
out and defined in practice as the treaty is implemented, and the Spanish presidency may set some
precedents in how main actors relate to one another.
EU foreign policy decisions of a political or security-related nature require unanimous
intergovernmental agreement among the 27 member states. In many other issues which may
relate to external affairs, however, EU members have agreed to pool their decision-making
sovereignty. A number of additional EU actors often have particular relevance in these matters.
The President of the European Commission represents the EU externally on issues that are
managed by the Commission, including many economic, trade, and environmental issues. Many
of the issues in which the European Parliament acts as a “co-legislator,” such as trade and data
protection, relate to external affairs. Some observers also suggest that the Parliament has become
an increasingly important forum for debating international issues.
Changes in the structure of EU governance may be of interest to the second session of the 111th
Congress. For more information, also see CRS Report RS21372, The European Union: Questions
and Answers, by Kristin Archick and Derek E. Mix and CRS Report RS21618, The European
Union’s Reform Process: The Lisbon Treaty, by Kristin Archick and Derek E. Mix.
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The European Union: Leadership Changes Resulting from the Lisbon Treaty
Contents
The United States and the European Union.................................................................................. 1
The Lisbon Treaty and Key EU Leadership Changes ................................................................... 1
Differences Between the European Council and the Council of Ministers .............................. 2
The Rotating Presidency ....................................................................................................... 2
Changes Regarding the European Council ............................................................................. 3
Changes and Continuities Regarding the Council of Ministers............................................... 3
Role and Responsibilities of the Rotating Presidency Country ..................................................... 4
The Spanish Presidency ........................................................................................................ 4
Other Key Actors in EU External Affairs..................................................................................... 5
Contacts
Author Contact Information ........................................................................................................ 7
Congressional Research Service
The European Union: Leadership Changes Resulting from the Lisbon Treaty
The United States and the European Union
The European Union (EU) is an important partner or interlocutor of the United States on a large
number of global political and economic issues.1 The EU is also a complex, multi-layered entity
whose structure and institutional dynamics are not always clearly understood in Washington, DC
(or in Europe, for that matter).
Some Members of the U.S. Congress and other U.S. officials regularly meet with their
counterparts from EU institutions and national governments of EU member countries. Just as
many Europeans are admittedly unclear about the role of the Congress in U.S. foreign policy,
Americans often express confusion about the exact role of a particular EU official or institution,
or about how EU institutions relate to one another. Take, for example, the term “president”: in the
EU today, there is a President of the European Council, a President of the European Commission,
a President of the European Parliament, and a rotating country presidency of the EU that has a
corresponding national president or prime minister. U.S. officials dealing with the European
Union may still wonder, “who should we be talking to” or even “who am I talking to?”
To complicate matters further, the EU is also an entity whose institutional arrangements and
governance structure are in a state of evolution following the entrance into force of the Lisbon
Treaty, the EU’s latest institutional reform effort. At the beginning of February 2010, President
Obama announced that he was not planning to attend the U.S.-EU Summit that was expected to
be held in late May 2010 in Madrid, Spain. The U.S. State Department indicated that confusion
caused by changes to the EU’s leadership and governance arrangements resulting from the Lisbon
Treaty had contributed to the decision.2
This episode reflects a wider lack of clarity in the United States about the implications of the
Lisbon Treaty on EU leadership, and in particular on the status of the EU’s “rotating presidency,”
the role of the EU’s new “permanent president,” and the role of other EU actors involved in
representing the European Union on the world stage.
The Lisbon Treaty and Key EU Leadership Changes
On December 1, 2009, following a lengthy process of ratification by each of the 27 member
states, the EU adopted the Lisbon Treaty. The treaty introduces reforms intended to remedy
perceived shortcomings in the EU’s institutional arrangements and decision-making procedures—
it aims to create a more cohesive and coherent EU capable of assuming a stronger global role; to
streamline EU decision-making; and to increase transparency and democratic accountability.3
Changes introduced by the Lisbon Treaty have a significant impact on the leadership of the
European Council, the Council of Ministers, and the EU’s rotating presidency system.
1 See, for example, CRS Report RS22163, The United States and Europe: Current Issues, by Derek E. Mix.
2 Andrew Rettman, “US blames Lisbon Treaty for EU summit fiasco,” EU Observer, February 3, 2010,
http://euobserver.com/18/29398.
3 For an overview of the Lisbon Treaty and the changes made by the treaty, see CRS Report RS21618, The European
Union’s Reform Process: The Lisbon Treaty, by Kristin Archick and Derek E. Mix.
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The European Union: Leadership Changes Resulting from the Lisbon Treaty
Differences Between the European Council and the Council of
Ministers
The European Council and the Council of Ministers are two separate but related institutions of the
European Union. The similar names of these entities frequently lead to confusion. The official
name of the Council of Ministers is the Council of the European Union; it is often referred to as
“the Council.”
The European Council consists of the leaders (the heads of state and/or government) of the 27 EU
member states plus the President of the European Commission.4 The European Council meets at
least four times per year—its meetings are commonly termed “EU summits.” The European
Council does not adopt legislation or legal texts: the conclusions published after each meeting
define general political guidelines for the EU. The institution provides high-level political
direction for EU policy-making and a forum for working out consensus on difficult problems and
broad strategic issues.
The Council of Ministers is the main decision-making body of the EU: it enacts legislation,
usually based on proposals put forward by the European Commission. A minister from each
member country takes part in Council meetings, with participation configured according to the
subject under consideration (e.g., foreign ministers would meet to discuss the Middle East,
agriculture ministers to discuss farm subsidies). There are currently ten different configurations
under which the Council of Ministers meets.5 Most decisions are made by a formula of Qualified
Majority Voting (QMV), but some areas—such as foreign and defense policy or accepting new
members—require unanimity. Many Council decisions also require the joint consent of the
European Parliament.
The Rotating Presidency
Every six months—on January 1 and July 1 of each year—the “EU Presidency” rotates among
the member states. The presidency rotates in a pre-determined order designed to alternate
between big and small countries, and between older and newer members.
Prior to the adoption of the Lisbon Treaty, the rotating presidency applied to both the European
Council and the Council of Ministers. The leader of the presidency country chaired the European
Council for six months, seeking to forge political consensus and shape the EU agenda. He or she
also assumed an enhanced role in representing the EU externally, alongside the President of the
Commission and the High Representative for the Common Foreign and Security Policy. At the
same time, ministers of the presidency country would chair the meetings of the Council of
Ministers, leading in the meetings and configurations relevant to their portfolio.
During the debate over ratification, it was widely repeated that the Lisbon Treaty would “replace”
the EU’s rotating presidency system with the creation of a new, permanent “EU President.” In
4 For an overview of the main institutions of the European Union, including the European Commission, see CRS
Report RS21372, The European Union: Questions and Answers, by Kristin Archick and Derek E. Mix.
5 The ten configurations of the Council of Ministers are General Affairs; Foreign Affairs; Economic and Financial
Affairs; Justice and Home Affairs; Employment, Social Policy, Health, and Consumer Affairs; Competitiveness;
Transport, Telecommunications, and Energy; Agriculture and Fisheries; Environment; and Education, Youth and
Culture.
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fact, this assertion grew to become a fairly common misconception. The rotating presidency
system continues in a modified format.
The treaty creates the new position of President of the European Council, who replaces the leader
of the presidency country in that role. Meanwhile, the rotating country presidency retains
considerable responsibility in managing the work of the Council of Ministers, and continues to
have an important role in helping to set priorities for the EU agenda.
Changes Regarding the European Council
As noted above, the Lisbon Treaty creates the new position of President of the European Council
to chair the meetings of the 27 EU heads of state or government. The President is elected by the
member states for a term of two-and-a-half years, renewable once.
Some had envisioned this position as a driver of EU policy, a heavyweight presidential figure
who would command a high degree of international visibility. In choosing former Belgian Prime
Minister Herman Van Rompuy, however, EU leaders have initially defined this position as more
of a manager who will coordinate the activities of the Council, help ensure policy continuity, and
work to facilitate consensus. According to some analysts, the choice of Van Rompuy confirms
that even as its members pursue a stronger and more integrated EU, considerations of national
influence and prestige remain key: leaders from both large and small countries sought to avoid
establishing a powerful President who might overshadow or marginalize their own roles.
Nevertheless, the intention of the treaty is that Von Rompuy is now expected to represent the EU
externally as its spokesman on political issues and as the main EU interlocutor for foreign leaders
at international summits. Van Rompuy is not a well-known international statesman, and will have
to work if he is to gain visibility on the global stage.
Changes and Continuities Regarding the Council of Ministers
The Lisbon Treaty also creates another important new position to boost the EU’s international
visibility: High Representative of the Union for Foreign Affairs and Security Policy, which some
observers have labeled “EU foreign minister.” Former EU Trade Commissioner Catherine Ashton
was appointed for the first five year term of this new position. Some were surprised at this choice,
citing Ashton’s relative lack of foreign policy experience.
Ashton is to be the EU’s chief diplomat, exercising the former responsibilities of the Council of
Ministers’ High Representative for the Common Foreign and Security Policy (formerly Javier
Solana) and the Commissioner for External Relations (formerly Benita Ferrero-Waldner), who
oversaw the EU’s foreign aid and development policies. The new High Representative will
therefore be an agent of the Council of Ministers and hold the title of a Vice-President of the
European Commission, an institutional adjustment intended to impart greater coherence by
marrying the EU’s political and economic clout in one powerful new office. The High
Representative is to have extensive staff support with the creation of a new EU diplomatic corps
called the European External Action Service.
Within the Council of Ministers, Ashton, rather than the foreign minister of the presidency
country, is to now chair the meetings of the member state foreign ministers that are held under the
Foreign Affairs configuration. The other nine configurations are to continue to be chaired by the
relevant ministers of the rotating country presidency. The General Affairs configuration—which
considers “general policy questions” and works to ensure continuity in the overall work of the
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Council—is to be chaired by the foreign minister of the rotating country presidency. Prior to the
Lisbon Treaty, General Affairs and External Relations had been combined in one Council
configuration.
Role and Responsibilities of the Rotating
Presidency Country
Many of the day-to-day duties of the presidency country will continue. The presidency country is
expected to work with the new President of the European Council to help prepare and arrange EU
summits and summits between the EU and other countries. It is expected to continue preparing,
arranging, and chairing the meetings of the Council of Ministers, other than in the Foreign Affairs
configuration. This responsibility includes working in the Council of Ministers to forge
agreement on legislative proposals.
The presidency country is also expected to continue setting out a few broad policy priorities for
its tenure. In the past, such priorities have often been coupled with the launch of strategic
initiatives that have covered a wide range of topics such as international security and
development issues, economic and trade matters, judicial affairs, social policy, and issues specific
to particular regions such as the Mediterranean, the Baltic, or the EU’s eastern neighbors.
Advocates of the Lisbon Treaty express hope that the new arrangements will have a considerable
impact in this context. The President of the European Council is charged with ensuring greater
continuity, coherence, and consistency in EU policies. In the past, analysts have asserted that the
rotating presidency system made the EU too susceptible to frequent shifts in focus, as successive
presidencies chose to emphasize their own preferred initiatives and priorities. Van Rompuy is to
impart a longer-term view as he works with the presidency countries to set and manage the EU
agenda. Renewed emphasis has also been placed on the “troika” concept, in which three
consecutive rotating presidencies coordinate priorities in an 18-month program.
The Spanish Presidency
Spain holds the rotating EU presidency for the first six months of 2010. The number one priority
of the Spanish presidency is implementing the provisions of the Lisbon Treaty. Spain has pledged
its complete support in getting the new President of the European Council and the new High
Representative established and in position to assume their duties. The Spanish presidency has
pledged to push for the frontline visibility of these new officials and to foster a cooperative
working relationship that avoids rivalry between the permanent and rotating presidencies.
At the same time, the Spanish presidency represents a transition phase in EU institutional affairs.
Both of the new positions are still settling in and setting up their operations—the External Action
Service slated to support High Representative Ashton does not yet exist, for example. Until the
Lisbon Treaty is fully implemented, these circumstances leave a gap that the Spanish presidency
is filling: although some observers have questioned their mandate for doing so, Spanish Prime
Minister Zapatero and Foreign Minister Moratinos are still taking on significant responsibility for
the EU’s external representation.6 For example, Spain intends to take the lead on summits
6 Spain’s priorities for its presidency include a strong external focus, with 11 international summits planned for the EU
in the first half of this year: EU-Central America; EU-Morocco; EU-Mexico; EU-Latin America and the Caribbean;
EU-United States; EU-Mediterranean Union; EU-Pakistan; EU-Russia; EU-Canada; EU-Chile; and EU-Japan.
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between the EU and areas of historical Spanish influence such as Latin America and Morocco.
(Spain had also planned to preside over the U.S.-EU Summit some had expected to take place in
May 2010 in Madrid, but which is now likely to be postponed due to President Obama’s
announcement that he does not plan to attend.)
Thus, as the new President and High Representative begin to assert themselves, the overall scope
of Spain’s external policy activities is reduced compared to previous rotating presidencies, but is
perhaps still greater than what the Lisbon Treaty intends for future ones. Many in the EU
advocate that in the future, all EU summits and summits between the EU and other countries
should be hosted and chaired in Brussels by the President of the European Council, rather than
having any such meetings held in the presidency country.
This transition phase is also a time of uncertainty in EU institutional affairs. The language of the
Lisbon Treaty is fairly vague as to the exact duties of the newly created positions. Analysts assert
that the roles of the key positions in EU external affairs—the President of the European Council
and the High Representative, as well as the President of the Commission and the rotating country
presidency—will be worked out and defined in practice as the new arrangements are
implemented. The Spanish presidency may set some precedents in how these institutions relate to
one another, while also serving to manage a transition phase that leads to more stable
arrangements.7 The changes of the Lisbon Treaty are designed to give the EU better tools with
which to develop a stronger and more coherent global role, but change is seen as occurring over
time and the impact of these changes could take years to measure.
Belgium will hold the rotating presidency in the second half of 2010, followed by Hungary and
Poland, in succession, in 2011.
Other Key Actors in EU External Affairs
EU external affairs issues generally fall into one of two categories, differentiated from one
another by both the nature of decision-making and the EU institutions relevant to that process.
First, foreign policy decisions of a political nature, as well as all decisions related to EU security
and defense policy, are the province (in EU terminology, the “competence”) of the member states.
Decisions that are adopted unanimously by all 27 member countries are what make up the EU’s
Common Foreign and Security Policy (CFSP). This process of “intergovernmental” decision-
making takes place in the European Council and the Council of Ministers. Thus, it is in political
matters and CFSP that the new President of the European Council and the new High
Representative of the Union for Foreign Affairs and Security Policy are expected, as described
above, to play the most prominent role (possibly with an occasional assist, as requested, from the
leader or foreign minister of the rotating presidency country).
Second, in many areas of policy-making, the member countries of the EU have agreed to pool
their sovereignty. Areas of shared sovereignty that have relevance in external affairs include trade
policy, environmental policy, and development aid. Such topics are said to fall under the
7 In addition to implementing the Lisbon Treaty and addressing international issues, other priorities of Spain’s EU
presidency including managing the continuing effects of the global economic crisis and helping steer economic
recovery in Europe; launching initiatives that strengthen the protection of EU citizens’ rights and liberties;
strengthening EU cooperation in Justice and Home Affairs issues (such as counterterrorism, immigration and asylum
policy, and judicial cooperation); and making progress in negotiations on future EU enlargement.
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“Community competence,” and decision-making takes place through the “Community method.”
Typically, the European Commission initiates proposed legislation, which is then voted on in the
Council of Ministers through a system of Qualified Majority Voting—although the EU generally
seeks as broad a consensus as possible in its decision-making, unanimity is not required in these
cases. In the Community method, approval of a measure also usually requires the joint consent of
the European Parliament (i.e., “co-decision”). Measures approved in this way are subsequently
regulated or enforced by the European Commission, often with oversight by the European
Parliament. The Commission also represents the EU internationally in negotiations on these
topics (e.g., on trade) or in managing the policies that fall under its competence (e.g., foreign aid).
The President of the European Commission will therefore continue to play an important role in
representing the EU externally on issues that are managed by the Commission, including, as
mentioned above, many economic, trade, and environmental issues. José Manuel Barroso is
beginning his second five-year term as Commission President. Along with the new President of
the European Council and the new High Representative, Barroso is expected to participate on
behalf of the EU in major international summits. The individual Commissioners also have a
representative role on those issues which fall under their portfolio (some portfolios have more
external aspects than others) and the staff working under each Commissioner in the Commission
directorates-general may maintain working relationships with various foreign officials as their
duties require.
Prior to the enactment of the Lisbon Treaty, the EU “embassies” in many countries around the
world, including in Washington, DC, were actually delegations of the European Commission.
Reflective of the EU’s consolidated legal identity under the treaty, these diplomatic posts are now
delegations of the European Union, and their eventual staffing by the newly created External
Action Service is expected to consist of a mixture of personnel drawn from the Commission and
the Council, as well as secondees from national diplomatic services.
Many of the issues in which the European Parliament acts as a “co-legislator” bear on external
affairs in some way. For example, under the Lisbon Treaty the European Parliament now has an
enhanced role in EU trade policy. As an additional example, the Parliament’s role in privacy and
data protection issues can affect transatlantic homeland security and counterterrorism
cooperation, as recently seen in its rejection of a U.S.-EU agreement on bank data transfers.
Although it has no formal role in the CFSP, some observers suggest that the Parliament has
become an increasingly important forum for debating international issues. The President of the
European Parliament, currently former Polish Prime Minister Jerzy Buzek, is its top
representative and spokesman. The Parliament has 20 standing committees, including a foreign
affairs committee, which often play an influential role in the formulation and oversight of EU
policies and legislation. The European Parliament also plays a role in the EU’s international
presence with 36 delegations that maintain parliament-to-parliament contacts and relations with
representatives of most countries around the world.8
8 For more information, see CRS Report RS21998, The European Parliament, by Kristin Archick and Derek E. Mix.
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The European Union: Leadership Changes Resulting from the Lisbon Treaty
Author Contact Information
Derek E. Mix
Analyst in European Affairs
dmix@crs.loc.gov, 7-9116
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